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Charge with Crime after Test
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catrachin View Drop Down
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Joined: 20 Mar 2014
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    Posted: 20 Mar 2014 at 7:49pm
Hello, I am in a very delicate situation.
I have unjustly charged with a crime, I have to go to court in April to prove my innocence, however, I was charged with the crime after I wrote my test. What implications can I face? Is the process over now that I wrote the test? Or will CIC get a hold of this charge and take back my citizenship? I know that being charged with a crime and being convicted are two different things but it doesnt stop from worrying me. I have never had any problems with the police ever (19yrs in Canada).
Can someone comment or anyone that has gone through something similar? Thanks in advance.
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nureya View Drop Down
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Points: 230 		Post Options Post Options   Thanks (0) Thanks(0)   Quote nureya Quote  Post ReplyReply Direct Link To This Post Posted: 20 Mar 2014 at 8:22pm
What is the charge for?
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catrachin View Drop Down
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Points: 6 		Post Options Post Options   Thanks (0) Thanks(0)   Quote catrachin Quote  Post ReplyReply Direct Link To This Post Posted: 20 Mar 2014 at 8:54pm
Sexual assault, my friend's ex wife has been trying to get my friend to not see his kids, she already called the cops 3 times on him in the past two years, she is really bitter so now I am caught in the middle! I am sure justice will prevail but my status here with CIC concerns especially with the timing of it
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greeny View Drop Down
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Originally posted by catrachin catrachin wrote:

Sexual assault, my friend's ex wife has been trying to get my friend to not see his kids, she already called the cops 3 times on him in the past two years, she is really bitter so now I am caught in the middle! I am sure justice will prevail but my status here with CIC concerns especially with the timing of it
as I understand all checks are done before the test date I am not sure if they do them one more time before the oath, if to take into account the fact that most of applicants have their oath invitations within 3 weeks after the test then I think chances are low unless they will ask you for RQ.


Edited by greeny - 20 Mar 2014 at 9:21pm
landed: May, 2003

applied: Dec04,2009

test/RQ: Feb15,2011 st.clair
2nd RQ: Aug 2014
Total waiting time to oath: 60,5 months :)= 5 years and 14 days
oath- Dec , 2014
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At the day of the Oath the TS will be asked to sign a form, stating that he does not have any legal issues, while he is now under prohibition and must not take the Oath. If he chooses to sign and not to disclose to CIC,  his citizenship may be revoked at any time.
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eileen View Drop Down
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Originally posted by catrachin catrachin wrote:

Sexual assault, my friend's ex wife has been trying to get my friend to not see his kids, she already called the cops 3 times on him in the past two years, she is really bitter so now I am caught in the middle! I am sure justice will prevail but my status here with CIC concerns especially with the timing of it

You need to speak with a good lawyer regarding the charge and make sure they can also knowledgeably advise you on the citizenship issues and possible permanent residency issues.

Also, it is not your responsibility to explain it on the forum, but your suggestion that your friend's ex-wife is falsely accusing you of sexual assault in order to keep someone who is not you from seeing children which are not yours does not make sense.

1. Reading between the lines, it sounds like your friend may be abusive or threatening to his children or ex-wife. If that is the case (and I have no way of knowing if it is or isn't, nor is it my place to know), your friend may be barred from being in contact with his children and ex-wife. This would be due to the abuse and done in order to protect victims of abuse from further abuse or harm, not due to the wife's "bitterness".
2. There is nothing wrong with calling the cops if one does not feel safe. This is the one of the basic reasons that the police force exists.
3. I hope justice will prevail for all involved.


Edited by eileen - 22 Mar 2014 at 11:41am
Resources for Future Canadians & their Advocates: http://residencequestionnaire.wordpress.com
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mero1984 View Drop Down
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Points: 280 		Post Options Post Options   Thanks (0) Thanks(0)   Quote mero1984 Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 2014 at 12:08pm
this is too complex man. you must seek a lawyer asap. 
Toronto Downtown- Sent - Nov 25, 2011 |aknldgmt ltr - Dec 19, 2011 |proc Jul-12-12| transferred local office 17-Aug-2012|test notice 11-Apr-13|Test 6-May-13| oath notice 29-May-13|Oath 12-Jun-13
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catrachin View Drop Down
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Points: 6 		Post Options Post Options   Thanks (0) Thanks(0)   Quote catrachin Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 2014 at 1:06pm
Oh my God! Does anybody know of a good lawyer or someone that has used a lawyer for immigration? Please
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eileen View Drop Down
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Points: 388 		Post Options Post Options   Thanks (0) Thanks(0)   Quote eileen Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 2014 at 2:01pm
To clarify my above point about possible PR issues: Serious crimes, such as sexual assault, can result in revocation of PR and deportation under the C-43 "Faster Removal of Foreign Criminals Act". https://ccrweb.ca/en/permanent-residents-and-criminal-inadmissibility-c-43-resource

"Under the new rules, permanent residents will be deported to their country of origin without access to any appeal if they: Are sentenced in Canada to prison for 6 months or more for a crime..."

"If a permanent resident is charged with a crime: Make sure their lawyer considers the immigration consequences. Sometimes criminal lawyers give advice that may be good for a citizen, but has disastrous immigration consequences for a non-citizen. It is also important to have an immigration lawyer who understands criminality issues."


Edited by eileen - 22 Mar 2014 at 3:34pm
Resources for Future Canadians & their Advocates: http://residencequestionnaire.wordpress.com
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catrachin View Drop Down
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Points: 6 		Post Options Post Options   Thanks (0) Thanks(0)   Quote catrachin Quote  Post ReplyReply Direct Link To This Post Posted: 27 Mar 2014 at 5:53pm
Phew! I am so happy, I was going to spend a bunch of money with an Immigration Lawyer, I decided to call CIC myself and they said not to worry, application will be put on hold until the case is finalized with court. They said I need to send a letter to my local office (Scarborough) which I did and now just waiting. Thank you all for your time
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